Same Sex Conjugal Partnership

[SAHIL SINGH]

hi my name is Sahil im from India me and my Canadian boyfriend was going to submit our application this month but the lawyer he has hired for our application she made us confused.

We are in same sex relationship

"We are applying under Conjugal partner application"

here is our case history.

we met on line in august 2011,
he came to India to meet me first time in December 2011 (for two weeks)
i applied for TRV in may 2012 (was refused)
he came to India 2nd time in July 2012 (for 44 days)

we traveled together to Nepal and got married there on 5th August 2012
we made our wills in august 2012
i bought life insurance policy in September 2012 (naming my partner as beneficiary )


we have done everything what so ever that lawyer told us

yesterday when my partner went to her office so he can pay the application fee so she can submit the application, she said "she think we should wait for more 5 months it will make ur case stronger,


we are confuse what we have to do i need ur help plzz help us


the documents we have provided in our application they are....

phone bills from Feb 2012 to Jan 2013
Our wills
Photos (with family, Nepal wedding pictures, visiting friends homes picture with friends.)
Skype chat history (Aug 2011 to Jan 2013)
Plane tickets, passport pages copy,
My TRV denial letter
Bank account naming him as beneficiary (its not a joint account as in India its not possible to an open joint account with a friend)
Western Union receipts since October 2011 to jan 2013 (every month)
Phone Msg's print out
Two STATUTORY DECLARATION from both sides
Medical report
Police clearance certificate
Two letter from ourself telling our whole story (we mentioned in our letters we were dating online but we came into relationship on 4th January 2012 when my Canadian partner was came to India to meet me first time)


so thats why the time period for being in relationship for one year its has done ( 4th Jan 2012 to 4th jan 2013)

Its true we got married, but the gay marriages happening there are not recognize by Nepal government. We know our marriage is not legal according to Canadian Immigration law because the Nepal government will not legally recognize the marriage until they bring in their new constitution which has yet to happen.


do we have to submit our application now or we have to wait till our wedding anniversary its in August 2013.

plzzz help.
regards (sorry for my bad english)

 

[gsize]

I hope you understand that Conjugal is VERY hard to prove and the vast majority are denied.

They could simply say.......you could have been married in many different countries.

Best to wait for other comments.

Your lawyer has a good point. The longer you are waitng (as difficult as that is) might make your case stronger.

If I were you, I would get a second opinion from an Immigration lawyer that specializes in same sex Immigration.

You really need to be careful how to proceed or you could be in for a nightmare !

I know its not the news you wish to hear, but unfortunately its reality today !

 

[SAHIL SINGH]

I hope you understand that Conjugal is VERY hard to prove and the vast majority are denied.

They could simply say.......you could have been married in many different countries.

Best to wait for other comments.

Your lawyer has a good point. The longer you are waitng (as difficult as that is) might make your case stronger.

If I were you, I would get a second opinion from an Immigration lawyer that specializes in same sex Immigration.

You really need to be careful how to proceed or you could be in for a nightmare !

I know its not the news you wish to hear, but unfortunately its reality today !

thanks but i forget to mention im not a rich guy so i cant get visa for the country who recognize gay sex marriages as an Indian i can travel to Nepal without visa so thats why we travelled to Nepal.

 

[gsize]

your lawyer said it was ok to get married in Nepal ? I find that hard to believe. Surely, your lawyer advised you against Conjugal ?

Seems like you are getting conflicting advice. You definately need to do some homework. This forum is a great start by as I said above, I would recommend legal advice from a lawyer who specializes in same sex Immigration.

 

[SAHIL SINGH]

your lawyer said it was ok to get married in Nepal ? I find that hard to believe. Surely, your lawyer advised you against Conjugal ?

Seems like you are getting conflicting advice. You definately need to do some homework. This forum is a great start by as I said above, I would recommend legal advice from a lawyer who specializes in same sex Immigration.

when we met first time we realized we are ment for each other then we planed we will marry in Canada as gay marriage is not possible in India, so i applied for TRV so we can marry in Canada but when my visa was denied we start looking for what are other options we have then we find out gay marriages are happening in Nepal so my partner he hired a lawyer in Canada and she advised us go to Nepal it will show our relationship is genuine and true. Same time it will show we have traveled together.

 

[hiabbydear]

Its true we got married, but the gay marriages happening there are not recognize by Nepal government. We know our marriage is not legal according to Canadian Immigration law because the Nepal government will not legally recognize the marriage until they bring in their new constitution which has yet to happen.[/b]


Your marriage certificate is invalid because you guys married in Nepal and if Nepal govt don't Recognise then it is invalid. One more thing which came in my that how come you received marriage certificate with samesex when Nepal govt don't recognise.

According to your situation, you need to satisfy at least 1 year of relationship and also you need to check with your previous TRV form what you mentioned because that also will look at the time of your spousal application.

last but not the least, you may need to provide photographs and testimony from your families and friends that you are "Gay".

Best of luck

 

[SAHIL SINGH]

In Nepal there is a Blue Diamond Society who works for LGBT people that society gave us marriage certificate just for the record that marriage ceremony has performed.


or other words we went to nepal to make our case strong enough to show we are not fake we are serious about our relationship and want to marry but we are not able to do so in India & in Canada.

 

[Rob_TO]

You guys will most likely NOT qualify under conjugal, no matter how long you wait to submit the application. There is no LEGAL reason you can't go to some other country and get officially/legally married.

CIC doesn't care if you have no money. CIC doesn't care if it's difficult for you to travel to another country. As long as it is not legally impossible to do so, you are expected to either live 12 months together as common-law, or get a leagal official marriage and apply as spousal.

Simply being a real couple will not help you in a conjugal case where you are legally able to marry somewhere, but simply choose not to, for whatever reason.

 

[SAHIL SINGH]

You guys will most likely NOT qualify under conjugal, no matter how long you wait to submit the application. There is no LEGAL reason you can't go to some other country and get officially/legally married.

CIC doesn't care if you have no money. CIC doesn't care if it's difficult for you to travel to another country. As long as it is not legally impossible to do so, you are expected to either live 12 months together as common-law, or get a leagal official marriage and apply as spousal.

Simply being a real couple will not help you in a conjugal case where you are legally able to marry somewhere, but simply choose not to, for whatever reason.

If it is so then why they saying if u are not able to marry and if there is a immigration barrier and if u are in the country where same sex marriage is not possible then u can apply in conjugal partner category


Im from India gay marriage is not possible here i cant visit my partner in Canada as my visa application was denied due to financial reasons. My partner can only visit me when he is on vacation (he is a teacher and doing a full time job) even we can't live together In India as its risk for our life its not a gay friendly country.

 

[Rob_TO]

If it is so then why they saying if u are not able to marry and if there is a immigration barrier and if u are in the country where same sex marriage is not possible then u can apply in conjugal partner category

CIC will expect you to go to another country where gay marriage is legal and you don't require a visa to go, and get married there.

As i said, reasons to not do this that include money or employment, are not valid reasons to CIC.

There is only a very small chance your application under conjugal will be accepted by CIC. Most likely it would be denied and they will tell you to get legally married in a country other than Canada or India.

 

[amikety]

A job is also not considered a barrier to common-law or marriage. If your boyfriend is allowed into India and can stay long enough to qualify for common-law, then CIC doesn't care if he has a job back in Canada. They will ask why he can't live with you to make your relationship common-law. If there are factors such as homosexuality being illegal, CIC may consider that but then it's up to you to prove and CIC must still decide to accept it.

It doesn't sound like your lawyer is knowledable about this.

If you hope to apply as Conjugal, you need to do a lot more research and attempt to get married in a few countries that recognize same sex marriage. Wanting to get married in Canada is a common theme among couples (gay and straight) but if the non-Canadian can't get a visitor visa, you must re-arrange the dream. Have a simple wedding outside Canada, then once you are here, you can have a formal wedding.

 

[SAHIL SINGH]

This is the information on CIC website about conjugal partner eligibility

Conjugal partner category is for foreign national partners of Canadian or permanent resident sponsors who would normally apply as common-law partners but are unable to live together continuously for one year, due to circumstances beyond their control, such as immigration barrier, religious reasons, marital status, or sexual orientation.
In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine) conjugal relationship for a period of at least one year.
However, a significant degree of attachment and mutually interdependent relationship must be demonstrated between both partners for this category. They must also provide proof of what obstacles (or restrictions) exist that prevent cohabitation or marriage.

 

[waitingsince2004]

Quote from: SAHIL SINGH on March 29, 2013, 06:23:30 am

On the 5th of August 2012 we got married in a temple in Nepal arranged by the Blue Diamond Society. Its true we got married, but the gay marriages happening there are not recognize by Nepal government. We know our marriage is not legal according to Canadian Immigration law because the Nepal government will not legally recognize the marriage until they bring in their new constitution which has yet to happen.

So the lawyer think if we are going to apply after one year of the marriage it will boost our chances.
we are confuse coz if this marriage is not recognized by Nepal government and Canadian government.
then why she (the lawyer) saying we should wait till our wedding is one year old.

The lawyer is right. Because Same Sex marriage is not recognized in Nepal but in that case you can apply under conjugal partner and for that you need to show your relationship at least One year old. You should better if you have Joint bank account, Joint rent deed or property , Joint Credit Card etc etc.

Good Luck.

 

[Rob_TO]

This is the information on CIC website about conjugal partner eligibility

Conjugal partner category is for foreign national partners of Canadian or permanent resident sponsors who would normally apply as common-law partners but are unable to live together continuously for one year, due to circumstances beyond their control, such as immigration barrier, religious reasons, marital status, or sexual orientation.
In most cases, the foreign partner is also not able to marry their sponsor and qualify as a spouse. In all other respects, the couple is similar to a common-law couple or a married couple, meaning they have been in a bona fide (genuine) conjugal relationship for a period of at least one year.
However, a significant degree of attachment and mutually interdependent relationship must be demonstrated between both partners for this category. They must also provide proof of what obstacles (or restrictions) exist that prevent cohabitation or marriage.

Note the bolded part. You are able to get officially and legally married in another country besides Canada and India, but you are choosing not to. There is no legal barrier preventing you from getting married in a 3rd country that allows gay marriage.

Again, reasons like school, employment, work, money etc, are NOT valid reasons to CIC. The only valid reasons are:
- you are already married and divorce is illegal (for Philippines)
- you can't legally get a visa to travel to ANY country in the world that allows gay marriage

Unfortunately without satisfying either of those 2 scenarios, there is a very high chance your application is refused.

 

[SAHIL SINGH]

Note the bolded part. You are able to get officially and legally married in another country besides Canada and India, but you are choosing not to. There is no legal barrier preventing you from getting married in a 3rd country that allows gay marriage.

Again, reasons like school, employment, work, money etc, are NOT valid reasons to CIC. The only valid reasons are:
- you are already married and divorce is illegal (for Philippines)
- you can't legally get a visa to travel to ANY country in the world that allows gay marriage

Unfortunately without satisfying either of those 2 scenarios, there is a very high chance your application is refused.

yes there is a barrier i cant get visa for the countries who supports gay marriages as im not having a good job and i'm not financially too strong to get tourist visa for those countries so there was no way we can marry in other country accept Nepal as an Indian i can travel to Nepal without visa.